National Green Tribunal
National Green Tribunal Southern Zone vs The Principal Secretary To Government ... on 13 July, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.03: Court No.1:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.111 of 2020 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Tribunal on its own motion SUO MOTU
Based on the News Item in Tamil Newspaper Dinamalar
Chennai Edition dated 13.07.2020, "Frothing of
Chemical foam in the River Thenpennai.
With
1. The Principal Secretary to Government,
Public Works Department,
Secretariat, Fort St. George,
Chennai - 600 009.
2. The Secretary to Govt. of Tamil Nadu,
Department of Environment,
Govt. Secretariat, Fort St. George,
Chennai, Tamil Nadu - 600 009.
3. The Secretary to Government of Karnataka
Department of Forest Environment & Ecology,
Room No. 708, Gate 2, Multi Storied Building,
Dr. Ambedkar Veedhi, Bangalore 560 001.
4. Engineer -in - Chief (Water Resources Organisation),
And Chief Engineer (General),
Public Works Department,
Chepauk, Chennai 600 005.
5. The Chairman,
Tamil Nadu Pollution Control Board
No. 76, Anna Salai, Guindy,
Chennai, Tamil Nadu - 600 032.
6. The Chairman,
Karnataka State Pollution Control Bard,
"Parisara Bhavn" No. 49 4th & 5th Floor,
Church Street, Bangalore 560 001.
1
7. The District Collector,
Krishnagiri District,
Ist Floor Collectorate,
Krishnagiri 635 001. ...Respondent(s)
Date of Judgment: 13.07.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER
For Applicant(s) By Court
For Respondent(s): Dr. D. Snahmuganathan for R1, R2, R4, R5 &R 7
Ms. Amritha Sharma represented
Mr. K.M. Darpan for R3
Mr. M.R. Gokul Krishnan for R6
Mr. Thirunavukarasu for CPCB
JUDGMENT
1. The above was Suo - Motu registered by this Tribunal on the basis of the news paper report published in Dinamalar, Chennai City Supplement Edition dated, 13.07.2020 under the caption "njd; ngz;iz Mw;wpy; Njq;fpa urhad Eiu" "Frothing of Chemical Foam in the River Thenpennai" based on that this Tribunal had appointed a Joint Committee called for the reports and after verifying various reports submitted by the regulators and the undertakings given by the stake holders to implement the recommendations made by the Joint Committee for betterment of the situation, by Judgment dated 28.06.2021 with following directions:-
i) The Joint Committee report dated 20.11.2020 and further report of November, 2020 and subsequent progress report of the Joint Committee dated 02.06.2021 which are extracted above are recorded and accepted.
ii) The concerned Departments mentioned in the Joint Committee report are directed to implement the directions issued by the Joint Committee, so as to resolve the issue permanently within a time frame provided by them.
iii) Chairman, Karnataka Pollution Control Board and Chairman, Tamil Nadu Pollution Control Board are directed to monitor the implementation of the recommendations made by the Joint Committee by the respective Departments and also assess the improvement of the water quality in their respective areas and if any, further action is to be taken, they are directed to take further action against those who are not complying with the directions issued by the Joint Committee, which results in further pollution to the Thenpennai River and 2 also the connecting rivers which reaches the Kelavarapalli reservoir from where the water is released to Thenpennai River from State of Karnataka.
iv) The Central Pollution Control Board, Regional Office, Bangalore as well as Regional Office Chennai are also directed to monitor the implementation of the recommendations made by the Joint Committee and if there is any violation or non-implementation of the directions, then they are also directed to issue necessary direction to the defaulting Department to comply with the same and on their failure, take appropriate action against them in accordance with law.
v) The Chief Secretary, State of Karnataka is directed to review the action taken by the respective department and if there is any gap found, then issue necessary direction to the concerned departments for implementating the directions within their State and if any support is required from the Government level then provide both technical as well as financial support in this regard.
vi) The Chief Secretary, State of Tamil Nadu is also directed to monitor the directions issued by the Joint Committee as far as State of Tamil Nadu is concerned and also the timeline provided by the Tamil Nadu Pollution Control Board in implementation of the Solid Waste Management Rules, 2016 in these areas which also causes some sort of pollution to water quality in Thenpennai River.
vii) The Chief Secretary, State of Karnataka, Chief Secretary, State of Tamil Nadu, Central Pollution Control Board, Regional Office, Bangalore and Chennai and respective Chairman of the Pollution Control Boards are directed to file periodical progress report to this Tribunal, once in three months along with the water quality analysis so as ascertain the improvement caused on account of the implementation of the recommendations made by the respective departments and if they found any gap in spite of the implementation of the recommendations, they are also directed to submit their further remedial measures to be taken by the respective department to resolve the issue permanently when they are filing their progress report, once in three months.
viii) The Registry is directed to communicate this order to the Chief Secretary, State of Karnataka, Chief Secretary, State of Tamil Nadu, Chairman of both the State Pollution Control Board and also to the Regional Directors of Central Pollution Control Board, Bangalore as well as Chennai for information and compliance of the directions as directed above.
ix) The office is directed to place the reports as and when received before this Tribunal for consideration.
With the above observations and directions, the application is disposed of.
2. There was a direction given by this Tribunal to submit a periodical report regarding the implementation of the directions once in three (3) months.
Since the reports were not filed, the matter was taken up for consideration of compliance on 14.12.2021 and thereafter, the matter was adjourned for the purpose of filing the reports. On 17.02.2022, this Tribunal had considered the joint progress report submitted by the Central Pollution Control Board dated 29.092021, e-filed on 21.12.2021 extracted in Para (3) of the order, thereafter, this Tribunal also considered another report submitted by the 3 Central Pollution Control Board dated 21.01.2022, e-filed on the same dated extracted in Para (4) of the order and also this Tribunal also considered the report submitted by the Tamil Nadu Pollution Control Board e-filed on 03.01.2022 extracted in Para (5) of the order and also this Tribunal had considered the report submitted by the Bruhat Bengaluru Mahanagara Palike (BBMP).
3. Thereafter, this Tribunal had directed the other stake holders to file their respective compliance reports. Thereafter, the matter was again taken up on 27.05.2022, on that day this Tribunal had considered the report submitted by the Karnataka State Pollution Control Board dated nil, e-filed on 21.03.2022 extracted in Para (2) of the order and then passed the following order:-
44. The case was posted to today for consideration of further compliance report.
5. The Karnataka State Pollution Control Board had filed a report in the form an affidavit dated 12.07.2022, e-filed on 13.07.2022 where in they have stated about the work undertaken by Bangalore Water Supply and Sewerage Board (BWSSB) as follows:-
The sewage network and STP's in the newly added 110 villages are not yet provided. Hence, the sewage generated in those areas is entering storm water drains. However, the sewage pipeline laying is in progress and is estimated to be completed in all villages by 2024. BWSSB had planned to link the sewage lines to the STPs to increase the flow to the plants to its designed capacities. Accordingly, BWSSB has taken up and completed linking works to stop the sewage, entering the lakes. The completion of STP's has enabled BWSSB to arrest wastewater directly flowing to lakes.
Apart from sewage generated from 110 villages area, around 5% of the sewage 1s not possible to arrest which is entering the lake diversion channel due to Site constraints and non-availability of buffer zones for carrying out the routine desilting works of the sewer lines which are running in the SWDs. In view of difficulties and practical problems and more site constraints and in such places the competent authority shall have to provide any alternative land for carrying out the works of shifting of sewer lines on either side of the drains in the buffer zones.
In this regard several meetings were conducted with the engineers of BWSSB, BBMP, BDA and Consultants and it was decided to highlight the issue to other stakeholders and to government for further directions. The sewers which were laid inside the SWDs in K&C Valley is 50.37 kms. V Valley is 84 Km and Hebbal Valley is 18 Km BWSSB will take up similar Projects such as K100 or DTSS, etc. in phased manner to arrest the remaining sewage flowing in SWD.
Upgradation of STPs: The BWSSB has taken up upgradation work as per the orders of Hon'ble Tribunal. The work of Design, Upgradátion and Rehabilitation of existing 248 MLD Used Water Treatment Plants capacity at K&C Valley, Bengaluru including Commissioning, 5 Operation & Maintenance for a period of 5 years along with O&M during Design, Upgradation and Rehabilitation period has been entrusted to M/s. SUEZ India Pvt Ltd on tender basis with awarded cost of INR 610.50 Crore (Work Value INR 494.37 + 2 year O&M cost INR 14.36 Crore plus 5 year O&M NR101.76 Crore) with the date of commencement and date of completion as 27- 04-2022 and 26-04-2024 (24 Months duration) respectively. The project is having 24 Months O&M during Construction and 60 Months 0&M post construction.
In the upgradation works the plant will be complied to BNR Removal and effluent parameters will be complied as per the directions of the Hon'ble NGT. Further, sludge handling structures will be added to treat thegenerated sludge. The total capital cost for upgradation of all these 20 plants will be Rs.141 1.00 crore which includes physical contingencies, provisional sum, PMC and escalation charges. In the Budget speech of Hon'ble Chief Minister for the year 2022-23 in the Joint session it was mentioned that Rs.1500.00 crore have been allotted for the upgradation works of wastewater treatment plants of the city. The Proposal have been submittedto Govt. of Karnataka for approval and seeking funds. It is most humbly submitted that on the Joint Committee had suggested a performance study of the STPs to the Monitoring Committee constituted under O.A.No. 125/2017. However, the Monitoring Committee constituted under the OA referred is not of existence anymore as the case was closed on 12.03.2021. However, the jurisdictional offices of KSPCB have inspected the catchment area of the Thenpennai River. They have inspected 10 Red Category, 7 Orange Category and collected samples. The results of the tests conducted on the samples is attached with the Action Taken Report as Annexure - II. 3 areas are non-conforming to the standards, the jurisdictional offices have been notified and action is being taken. The non-conforming areas are:
(a) Goodrich Aerospace Services 066. Pvt Ltd., Sy No. 14/1, 14/2 & 15/1 Maruthi Hoody Village, 3 Indl Estate LR K.R.Puram, Bangalore East Taluk - 48.
(b) Molex India Limited., Plot No. 6A, Sadaramangala Indl. Area, Kadugodi Post, Bengaluru - 560 067
(c) Reliance Jio Infocomm Ltd., No. 1155, 3 rd Wing, Block - C, HM Tech Park, Hope Farm Circle, Whitefield, Bengaluru.
It is humbly submitted that KSPCB has imposed EC of Rs. 288.80 Cr. on 496 Apartment/Commercial Establishments and Rs. 1,40,00,000/- has been collected so far. KSPCB has issued Memo to ROs in this regard 1895, dated: 14.06.2022. Asa a result Rs. 48.076 Cr EC has been levied on vide No. various BWSSB STPs. The list has been enclosed Annexure-3 It is humbly submitted that KSPCB has installed continuous online water quality monitoring system at the border of Karnataka and Tamil Nadu near Mugulur Bridge for monitoring quality of water flowing in River Thenppenai. The water quality report for the months April - June, 2022 is enclosed herein as Annexure IV.
6. The Karnataka State Pollution Control Board also given the action take report in a tabular column which reads as follows:-
67. The Central Pollution Control Board also filed a detailed progress report dated 11.07.2022, e-filed on the same date showing the status of compliance and their conclusions as follows:-
3. "STATUS OF COMPLIANCE AND PROGRESS MADE The Joint Committee Action Plan in its Report submitted before Hon'ble NGT in November 2020 comprises of 17 action points which includes (i) Estimation of flow of water in River Thenpennai;
(ii) Study of Performance evaluation of Sewage Treatment Plants in 7 Bangalore by engaging a CSIR institute;
(iii) Random Verification of grossly polluting (water polluting) industries located in the River Basin and Assessment of wastewater management and discharge mode; (iv) Rejuvenation of lakes to remediate the pollution caused in River Thenpennai; (v) Environmental Compensation be imposed by SPCBs after evaluating performance of STPs and identification of defaulters upon Random Verification; (vi) Sewage and Solid Waste Management in the villages (13) adjoining River Thenpennai up till Kelavarapalli; (vii) Regular Water Quality Monitoring at important locations.
In view of non-compliances observed with respect to the above action points, CPCB directions dated 22.03.2022 under section 18(1) (b) of the Water (Prevention and Control of Pollution) Act, 1974 were issued to KSPCB for necessary compliance. The point wise reply to CPCB directions and ATR provided by KSPCB is enclosed as Annexure IV.
Also, the point-wise compliance status of the recommendations made in the Joint Committee Report, 2020 as provided by the concerned departments of Government of Karnataka is provided in the table below:
S. Recommendations Agency Compliance Status as on July 2022 Remarks of the Joint Responsible No Committee for ensuring compliance I. With respect to BWSSB (a) Adverting to the flow measurements of major The flow of flow measurements tanks, storm water drains and major River Thenpennai ofmajor confluence points in River Thenpennai, it is canbe to inform that the flow measurements of tanks, measured tanks/lakes, storm water drains and major storm water confluence points at two locations chosen from the drains and major from Joint Committee: 1. Thirumala upstream confluence points Shettihalli Koraluru, Bengaluru & 2. confluence pointsof on River Harohalli Bridge is not covered under the major lakes Thenpennai, the purview of departments (BBMP limits and (Bellandur and same has not been 110 village limits). Therefore, it is Varthur).
requested to entrust the role and
carried out Further, the flow
responsibilities to the concerned
completely by department(s) and the duties for the same, of River
BWSSB and may be earmarked by the Government of Thenpennai be
Minor Irrigation. Karnataka. measured at the
BWSSB and Online Monitoring
Minor Irrigation has Station installedat
informed the joint Mugalur.
committee
that flow
measurements of Final Action
tanks/lakes, storm Taken Report is
water drains and yet to be
major confluence submitted by
points are not BWSSB.
covered under the
purview of their
departments.
8
Therefore, the KSPCB (b) KSPCB is coordinating with BWSSB & Action Taken
joint committee Lake Conservation and Development Report on the
requests Authority, BBMP for compliance with directions issued
Government of regard to flow measurement and by KSPCB yet to
monitoring water quality in order to
Karnataka to be submitted by
maintain or restore water quality in lakes entrust the role and tanks associated with river Pinakini BBMP and and responsibilities (Thenpennai). BWSSB to respectively.
(c) Directions under Section 33 (A) of the the concerned Water (Prevention and Control of department(s) and Pollution) Act, 1974, read with Rule 34 the duties for the (4) of Karnataka State Board for the Prevention same may be and Control of Water Pollution (Procedure earmarked by the for Transaction of Business)and the Government of Water (Prevention and Karnataka. Control of Pollution) Rules, 1976 were issued to BWSSB vide letter No. 886 dated (BWSSB, Lakes 10.05.2022 and to BBMP vide letter No. Department, BBMP 887 dated 10.05.2022. Copy of ATR and KSPCB) submitted by KSPCB is enclosed as Annexure IV.
Minor (d) Regarding flow measurements, it was - Irrigation informed that all the tanks in Bangalore Urban district are in the control of BBMP. Also it was mentioned that minor irrigation department has not installed any flow measuring devices for any minor irrigation tanks.
(e) At present, 190 tanks in Kolar (126) and Chikkaballapur (64) have been filled with about 12.01 TMC of treated wastewater from BWSSB STPs.
(f) Storm water drains and main river course is not in the jurisdiction of minor irrigation department.
With regard to BWSSB (a) Final Report: Revision (BWSSB STP The outcome and
Study of upgradation Project) prepared by IISc and recommendationsof
Performance finalized by BWSSB. the final report
evaluation of (IISc) yet to be
Sewage Treatment
(b) 17 STPs namely, K & C Valley, Bellandur reviewed by
Amani Kere, Horamavu Agara,
Plants in Karnataka SPCB
Nagasandra phase-2, Chikkabanavara,
Bangalore, BWSSB Doddabele, Rajacanal P-I, Rajacanal P-II, for technical
may Mailasandra phase- I, Kempabudhi, inputs and
expedite the study Kadugodi, Halasuru, Yelemallappa improvement for
awarded to IISC, Chettikere, Mallathahalli, Kaubeesanahalli, implementation of
Bangalore. The Nagasandra P-I, K R Puram P-I were the same.
covered in the study.
outcome of the Based on the
study and the final performance
(c) Process modifications for both the
report be shared marginally performing and poorly evaluation of
with KSPCB for performing STPs based on simultaneous STPs, KSPCB is
review before nitrification and yet to levy
assessment of denitrification principle have been Environment
recommended by the IISc team as a
9
Environmental short-term measure. Also, the IISc team has Compensation on
Compensation in recommended long-term measures to ensure the defaulting
case of non- compliance of discharge effluents from all STPs.
these STPs.
compliances. The
final report and
(d) Maintenance of chlorine contact tanks is Time bound action outcome of the an issue across all STPs, and it is plans for meeting study has to be decreasing the quality of effluent. Effective the made online in chlorination and dichlorination cycles standards in case public domain. for each of the STPs should be implemented.
of those
(BWSSB and (e) Continuous monitoring for the 17 STPs is defaulting STPs is
KSPCB) necessary to ensure long-term compliance yet to be prepared
with NGT standards. jointly by KSPCB
and BWSSB.
(f) BWSSB adopted the short term measures at STPs and as per the Hon'ble NGT directions, BWSSB have taken up The final report upgradation of 248 MLD STP at K&C and the outcome valley B Nagasandra and the work order is of BWSSB are issued to M/s SUEZ India Pvt. Ltd. The firm has started work and is in Design yet to be made Phase. Further, new 150 MLD STP is online. commissioned on 31.03.2021 and the plant is running to its full capacity.
(g) Further, there are probabilities of deteriorating results of the effluent parameters, in case the influent parameters are above parity or equivalent to the design requirement & also due to ageing of the plant. Thus, IISc have recommended that it is realistically feasible to propose up- gradation of STPs with BNR Removal System as long-term measure and also to upgrade Electro-mechanical equipment accordingly.
(h) A detailed project report for twenty (20) STPs upgradation under BWSSB amounting Rs. 1411 Cr has been prepared and submitted to Government of Karnataka for funding and in process vide UDD/96/MNI/202. After obtaining clearance for funds from GoK, further necessary action will be taken from BWSSB to invite tenders.
10(i) Detailed Project Report for STPs upgradation under BWSSB has been prepared and submitted to Government of Karnataka for funding and in process vide UDD/96/MNI/2020. After obtaining clearance for funds from GOK, further necessary action will be taken from BWSSB to invite tenders.
(j) Further, the final report and outcome ofthe IISc study has been submitted toCompetent Authority vide ref No. BWSSB/ESH/SH2/AE/1508/2021-22 dated 14/02/2022 and it is requested toforward the same to KSPCB and alsorequested to make online in the publicdomain through BWSSB website as perthe recommendations in the joint committee report in the matter of OA111 of 2020.
KSPCB (k) KSPCB constituted a Committee involving The final report the representatives of the Organizations and the outcome viz., KSPCB, BWSSB and IISc for of BWSSB are calculating Environmental Compensation yet to be made in respect of defaulting BWSSB STPs as per the Report of the Joint Committee online. submitted during November 2020. Copy of the Office Memorandum dated 25.04.2022 isenclosed as Annexure IV.
III. With regard to BWSSB (a) As per the details furnished the work titled To be complied.
completion of "Design, Engineering, sewerage network Construction and Commissioning of Sewage Treatment Plants and Intermediate Sewage for the villages in Pumping Stations with Operation & Koramangla & Maintenance thereof for Seven Years Challaghatta and [Works A] and Procurement and Hebbal Valleys (of Construction of Main Sewers including 110 villages Manholes in Bytrayanapura Zone (Hebbal identified by Catchment) [Works - B]" under JICA Loan BBMP) for ID - P266" awarded to M/s Passavant Energy & Environment India tapping the sewage Pvt Ltd & M/s Passavant Energy & generated, and Environment GMBH (JV) Unit, strengthening of Gurgaon, Haryana was to commence on 11 STP conveyance 07.07.2021. The work is expected to be system to improve completed by 06.01.2024. The Operation & sewage Maintenance of the Sewage Treatment Plants (STPs) and Intermediate Sewage Pumping Stations will commence on getting 08.01.2024 and complete by 07.01.2031. completely tapped and (b) Further, to arrest any sewage entering from the Core areas and for maintenance of treated, sewer lines, sufficient buffer space to be BWSSB provided on both sides of Storm water drain/River streams from BBMP in order to shallensure avoid sewage flowing in the Storm water no sewageis drains through Core areas. discharged into River Thenpennai through continuous monitoring on a regular basis and taking stringent actions on the defaulters.
(BWSSB and
BBMP)
BBMP -
(c) BBMP informed that, with regard to sewerage networking, it is being managed exclusively by BWSSB. Copy of ATR submitted by BBMP is appended as Annexure VI.
With respect to KSPCB (a) KSPCB is monitoring the water quality of The authority Water Quality of 79 lakes located in Dakshina Pinakini River comprising of the water flowing in Catchment area. The different lake water members viz., River quality carried out from 01.04.2021 to Forest, Ecology 31.01.2022 is enclosed as a part of Thenpennai be and Environment Annexure IV which conforms to Class D maintained pristine category. Department, and testedfor Finance it Department, s (b) KSPCB is monitoring the water quality of Urban characteristics in Dakshina Pinakini River near Mugalur Development bridge which is conforming to D/E category the respective Department, of Primary Water Quality Criteria as per jurisdictions, the the water quality analysis carried out from Minor Irrigation joint committee 01.04.2021 to 31.01.2022. Department, could not identify Animal the departments in Husbandry or Karnataka Fisheries responsible for Department, maintaining/restor Revenue ing the water Department, quality in 12 lakes/tanks. Karnataka State BWSSB, BBMP, Pollution Control BDA and Minor Board, Bengaluru, Irrigation have Bangalore Water informed the joint Supply and committee that Sewerage Board, monitoring and Bengaluru, restoration of Bangalore water quality of Development tanks/lakes are not Authority, covered under Bengaluru, Bruhat their purview. Bangalore Therefore, it is Mahanagara submitted that the Palike, Bengaluru concerned are department in duly responsiblefor Karnataka be the functions identified by stipulated under Government of the Karnataka Karnataka and Lake Conservation ensure compliance andDevelopment accordingly. Authority Act, 2014 for (KSPCB, Minor improving and Irrigation, Lakes monitoring water Department, BWSSB quality, conserving BangaloreWater lake Supply andSewerage ecology on need Board basis and to (BWSSB), protect them Bangalore against domestic Development and industrial Authority (BDA), pollution.
Bruhat Bangalore
Mahanagara Palike
(BBMP)).
TNPCB (c) The water quality of River Thenpennai is Monitoring
being monitored on monthly basis at Water Quality
interstate border i.e., at Chokkarasanapalli on a continual
Village and the report of analysis for the basis by period from September 2017 to May 2022 is enclosed. Copy of ATR submitted by TNPCB. TNPCB is enclosed as Annexure V. Minor (d) Water quality analysis of river does not come Water Quality Irrigation under the scope of Minor irrigation being monitored department and also there is no separate by KSPCB. section for analyzing water quality.
13
BWSSB, (e) Water quality analysis reports are yet to be Action Taken
Lakes submitted by the concerneddepartments. Report with
Department, regard to Water
BBMP, BDA (f) BWSSB informed that the treated water is Quality of STPs
being pumped to 65 tanks of Chikkaballapur is yet to be
and surrounding areas through Minor
submitted by
Irrigation and the treated water is also being tested from Minor Irrigation through BWSSB. NABL Accredited Lab before pumping the treated water tofilling up of lakes. To be complied.
(g) Also, BWSSB informed that, Water Quality of outlet of the Sewage Treatment Plants (STPs) in Hebbal Valley are being monitoring on regular basis through in- house laboratories and through labs of NABL Accredited from KSPCB. Further, the effluents has been tested from IISc during the performance study of STPs under Hebbal Valley, which reveals, that the parameters of the treated outlet is complying with the limits notified in General Standards for discharge of Environmental Pollutants.
(h) BBMP informed that, State Government has transferred 202 lakes to BBMP for development and maintenance. Out of which, 19 lakes are DISUSED lakes that have lost the lake character. In the remaining 183 lakes, 89 lakes have been developed comprehensively by diverting the sewage inflow and maintaining the water quality, 39 lakes are being under development from CM's Nagarothana grants. Once these lakes were rejuvenated comprehensively the water qualities will be maintained without inflow of sewage into the lakebed. The remaining 27 lakes will be taken in the coming financial year based on the priority and availability of funds.
Copy of ATR submitted by BBMP is appended as Annexure VI.
14With respect to KSPCB (a) The jurisdictional offices of KSPCB having The monitoring Random Thenpennai River Catchment area have and verification Verification of inspected 10 Red Category and 07 Orange of industries is grossly polluting category industries. 08 number of effluent required to be samples have been collected, out of which (water polluting) carried out on a 03 are non- conforming and notices were industries locatedin issued to such organizations by the continual basis the River Basinand concerned jurisdictional Regional Offices. and action to be Assessment of taken against wastewater (b) Besides, industries located at the defaulting units. management and catchment area of KC valley, Hebbal discharge mode, valley, Hosakote, Kolar and Chikkaballapur are periodical inspected by respective KSPCB and ROs. The industries are located in the TNPCB may catchment areas are periodically inspected continue to do by the Regional Officers and the defaulters such random industries are dealt in accordance with inspections law.
regularly to curb the pollution (c) KSPCB has issued closure directions to 72 caused to River nos. of defaulting industries during 2018 -
2022. Out of which 29 No's of closure Thenpennai and directions were revoked after compliance.
ensure no illegal
activities are
carried out (d) KSPCB has filed cases against 16
thereof. defaulting Apartments.
Regarding random (e) KSPCB has engaged 12 Marshals with
verifications of Emergency Response Vehicles to identify
industries illegal discharges. 4 Nos. of vehicles have
been purchased for this
discharging
purpose.
effluents into the
storm water
drains, KSPCB
informed the
committee that TNPCB (f) TNPCB informed that the industries located The monitoring
they would in the area covered under the investigation and verification
continue to inspect a in Thenpennaiyar River Basin are being of industries is
minimum of 60 closely monitored by TNPCB to ensure
required to be
Zero Liquid Discharge. Copy of ATR
industries to carried out on a
submitted by TNPCB is enclosed as
ensure that the Annexure V. continual basis
industries do not and action to be
discharge the taken against
defaulting units.
effluent into the
storm water drain.
On identifying
such instances,
action will be
initiated under
section 33A of
Water Act.
(KSPCB and
TNPCB)
15
With regard to KSPCB (a) KSPCB has imposed EC of Rs.
Environmental 288.8 Cr on 496 Nos'
Compensation be Apartment/Commercial establishment and
imposed by SPCBs Rs. 1.85 Cr was collected.
after evaluating
(b) A Joint Committee has been constituted performance of by KSPCB on 25.04.2022 for calculating STPs and Environmental Compensation in case of identification of BWSSB defaulting STPs.
defaulters upon Random Verification, EC (c) Further, KSPCB has issued memo to ROs
in this regard vide letter no. 1895 dated has to be imposed 14.06.2022. As a result, Rs. 48.072 on any defaultersor Cr EC has been levied on various BWSSB violators STPs. Copy of ATR submitted by KSPCB causing pollution is appended as into theRiver Annexure IV.
Thenpennai by
KSPCB and TNPCB (d) TNPCB informed that no violating /
TNPCB for the year defaulting industries are identified.
2021-22.
(KSPCB and
TNPCB)
With regard to TNPCB (a) TNPCB has provided the same status of the
Sewage and Solid Sewage and Solid Waste Management in
Waste Management the villages (13) adjoining River
inthe Thenpennai up till Kelavarapalli and
informed that the same is under progress. villages (13) Additional time requested by the local body adjoining River due to COVID pandemic situation. Thenpennai up till Kelavarapalli,
(b) In view of above, TNPCB had issued Block 16 Development direction to the BDO Hosur Panchayat Officer (monitored Union, Hosur, Krishnagiri District vide by TNPCB) may Proc No. ensure the T1/TNPCBd/LAW/LAIIINGT/F.13038/ 2021/1 dated 03.02.2022 to comply with the completion of the provisions of the Solid Waste Management activities related to Rules, 2016.
sewage and solid waste management as per timelines. (c) Also, TNPCB also issued direction to the Executive Engineer, WRO, PWD, Upper (TNPCB) Pennaiyar Basin Division, Dharmapuri vide Proc No. T1/TNPCBd/LAW/LAIIINGT/F.13038/ 2021/1 dated 04.02.2022 to ensure that no solid wastes are permitted to be dump on either sides of River Stretches.
(d) The local body of Hosur panchayat Union has constructed the micro compost centre to process segregated biodegradable municipal solid wastes.
(e) The non-biodegradable wastes are burnt through the solid waste disposal incinerator.
(f) Under Central Government Scheme of National Urban Mission Project, a plastic shredding unit is proposed at a cost of Rs. 20 lakhs to handle the plastic wastes and the shredded plastic wastes will be used for road laying works.
(g) With regard to sewage management, Construction of Horizontal filter bed work has been commenced and will be completed.
Copy of ATR of TNPCB is enclosed as Annexure V. With regard to KSPCB Online water quality monitoring station near The online action point on Mugular Bridge to measure the water quality monitoring data of monitoring trend of parameters of River South Pinakini has already the station water quality been installed on 19.03.2022. installed at and its The work related to displaying water Mugalur to be 17 improvement at quality data acquired, on the websites of CPCB, linked to SPCBs major confluence TNPCB & KSPCB in public domain is under (TNPCB/KSPCB points for the year progress. Copy of ATR by KSPCB is enclosed as ) and CPCB 2021-22 on a Annexure IV. servers, at the monthly basis, earliest possible.
water quality of major confluence points have to be monitored on a regular basis by KSPCB and TNPCB to ensure pollution is under check. KSPCB has proposed to install online monitoring to monitor the key parameters at the river Thenpennai at the State border before it leaves Karnataka. These results will be synced with the Integrated Command Control Centre of KSPCB and made available online in the public domain. Periodically the result will be monitored and the graph will be plotted. This would help the KSPCB and CPCB to assess 18 water quality and initiate action whenever there are violations. Feasibility for installation of Continuous Online Water Quality Monitoring Station be workedout at the inter-state river boundary by KSPCB in Karnataka to ensure that improved quality of water reaches Tamil Nadu. After the waste water is treated by the primary STP's situated in the area under the jurisdiction of Bruhat Bengaluru Mahanagar Palike (BBMP), the water flows along various villages situated on the down stream before entering Tamil Nadu. Therefore, it is opined that, a separate STP could be installed at a suitable location in Karnataka border, wherein waste water treated by the primary STP's will be treated once again before it flows to Tamil Nadu. (KSPCB) 19 BBMP has not Lakes (a) Lakes Department, BBMP has not provided provided status of Department, status of compliance and action taken compliance and BBMP report with respect to Water Quality of the action taken water flowing in River Thenpennai be report with maintained pristine and tested for its respect to Water characteristics in the respective Quality of the jurisdictions. water flowing in River Thenpennai be (b) However, BMP informed that, water maintained pristine quality monitoring and analysis is being and tested for exclusively managed by KSPCB. Hence the its required information is to be collected from characteristics in the concerned department. Copy of ATR the respective submitted by BBMP is appended as jurisdictions. Annexure VI. (Lakes Dept, BBMP) With respect to BDA (a) The status of development of construction of construction of wetlands provided by Bangalore wetlands by Development Authority (BDA) was Bangalore submitted earlier to Hon'ble NGT in the Development Joint Progress Report (Trimonthly),
Authority (BDA), September 2021. It has been informed that the activity needs the desilting work in Bellandur and Varthur to be completed lakes are underway and will be completed.
within the stipulated timelines (b) However, Compliance status report vide No. and theoutcomes BDA/Com/EM/T-139/2022-23 dated are to beprovided 05/07/2022, as received by CPCB, RD, to the Bengaluru on 07/07/2022 is Joint Committee. attached as Annexure VII. (BDA) 4. CONCLUDING REMARKS
Upon reviewing the progress made on the recommendations of the Joint Committee Report, it is observed that, with regard to flow measurements of the major confluence points in the upstream and downstream of the river catchment area, flow measurements of major tanks, storm water drains and maintenance of Water Quality of the water flowing into River Thenpennai to be pristine and testing its characteristics in the respective jurisdictions, no constructive efforts have been made by the concerned departments of Government of Karnataka, except for progress made w.r.t installation of Continuous Online Water Quality Monitoring Station at the inter-state river boundary by KSPCB in Karnataka. KSPCB has installed continuous online water quality monitoring system at the border of Karnataka and Tamil Nadu near Mugalur bridge for monitoring of water flowing in River Thenpennai. However, the work related to displaying water quality data acquired in public domain, on the websites of CPCB, TNPCB & KSPCB is under progress.
The Chief Secretary, Government of Karnataka is required to take lead 20 and hold responsibility and also direct to ensure compliance by the concerned departments as per the provisions of the Karnataka Lake Conservation and Development Authority Act, 2014 which stipulates function of the authority under Section 5. With regard to performance evaluation of STPs in Bengaluru, BWSSB submitted Final Report: BWSSB STP up gradation project and informed that Detailed Project Report for Twenty (20) STPs up gradation under BWSSB amounting to Rs 1411.00 Crore has been prepared and submitted to Government of Karnataka for funding and is in process. Understanding the need for implementation of recommendations for Continuous monitoring of STPs to ensure long term compliance of NGT standards, a time bound action plan for meeting the standards in case of those defaulting STPs be prepared by BWSSB. The outcome and recommendations of the final report (IISc) are yet to be reviewed by Karnataka SPCB for technical inputs and improvement for implementation of the same. A Joint Committee has been constituted by KSPCB for calculating Environmental Compensation in respect of defaulting BWSSB STPs. Based on the performance evaluation of STPs, KSPCB is yet to levy Environment Compensation on the defaulting STPs. The final report and outcome of the IISc study are yet to placed on public domain on KSPCB and BWSSB website.
Water quality analysis result of Mugalur, Karnataka provided by Karnataka SPCB, which is important to ascertain the water quality at the exit point of Inter State Border in Karnataka reveal that there is no much improvement of water quality in terms of dissolved oxygen. Further, water quality analysis of River Thenpennai at the interstate location Sokkarasanapalli in Tamilnadu was provided by TNPCB. In sokkarasanapalli, Tamilnadu the water quality analysis results (as on May 2022) reveal that the water quality falls under Class E as per Designated Best Use Criteria. Upon reviewing the reports of analysis of water quality of River Thenpennai, the water quality analysis results (as on May 2022) reveal that the water quality falls under Class E as per Designated Best Use Criteria.
As regard to Solid Waste Management, Regional Officer, Krishnagiri TNPCB apprised that the local body of Hosur Panchayat Union has constructed the micro compost centre to process segregated biodegradable municipal solid wastes. The non-biodegradable wastes are incinerated through the solid waste disposal incinerator. Under Central Government Scheme of National Urban Mission Project, a plastic shredding unit is proposed at a cost of Rs. 20 lakhs to handle the plastic wastes and the shredded plastic wastes will be used for road laying works. With regard to sewage treatment, construction of Horizontal filter bed work has been commenced an expected to be completed shortly.
It is humbly submitted that compliance on the above points may be ensured in a time bound manner by all the concerned departments in Government of Karnataka including Karnataka State Pollution Control Board (KSPCB), Bengaluru Development Authority (BDA), Lakes Department, BBMP and BWSSB under the able guidance of the Chief Secretary, Government of Karnataka.
218. It is also seen from the report that progress has been shown in the implementations of the directions issued by this Tribunal. But it is also seen from the report submitted by the Central Pollution Control Board that still there is a necessity for the Chief Secretary to Government, State of Karnataka to take a lead role in implementation of the directions of this Tribunal. It is also seen that some more improvements are required in the progress of the work to be undertaken by Bangalore Water Supply and Sewerage Board and also Bruhat Bengaluru Mahanagara Palike and Karnataka State Pollution Control Board.
9. Since some work has already been started regarding the monitoring of the quality of the water released at the border before it is being released from the lake which passes through Thenpennai River and it is not possible for the Tribunal to monitor the implementation perpetually, as it is for the regulators to take a role in implementation of the directions given by this Tribunal. Further in several decisions related to protection of water body and also implementation of Waste Management Rules. The Principal Bench of National Green Tribunal as well as this Tribunal had directed the Chief Secretary of the States to conduct a review meetings of implementation of the directions and if there is any gap found to provide necessary assistance to rectify the gap and to take all sincere initiatives to protect environment as there is a constitutional mandate on the State and its machineries to protect environment as mandated under Article 48 (A) of the Constitution of India as providing clean environment as part of Right to Life enshrined under Article 21 of the Constitution of India is also a primary responsibility of the State.
2210. The grievance in this case was discharge of polluted water from Kelavarapalli Reservoir in the State of Karnataka to Thenpennai River in Tamil Nadu. The State which is providing water was also having a responsibility to provide a clean water to the receiving State as that water will have to be used by the people in the neighbouring State for all their purposes in including domestic, agriculture and other purposes and the polluted water is being given, then it is likely to affect the people who receives the polluted water. So State was delivering the water of the responsibility to see that unpolluted water is being provided to the neighbouring State while discharging their constitutional obligation of providing clean water and also considering the fact that some work is being undertaken by the respective stake holders to implement the directions of this Tribunal.
11. This Tribunal feel that the application can be finally disposed of with following directions:-
i) The Central Pollution Control Board, the Karnataka State Pollution Control Board and the Tamil Nadu State Pollution Control Board are directed to monitor the implementation of the directions issued by this Tribunal while disposing the mater and if there is any violation found, then they are directed to take appropriate action against those stake holders who are committing the violation in accordance with law.
ii) The Bangalore Water Supply and Sewerage Board and Bruhat Bengaluru Mahanagara Palike are directed to carry out the directions issued by the Tribunal on the basis of the recommendations made by the Joint Committee to resolve the issue permanently, within the time frame as undertaken by 23 them and see that no untreated sewage or effluent are being discharged into any of the drains which ultimately reaches the lake or other water bodies.
iii) The Bruhat Bengaluru Mahanagara Palike is also directed to strictly implement the Solid Waste Management Rules, 2016 and also the directions given by the Principal Bench of National Green Tribunal in O.A. No. 606 of 2018 and also by this Tribunal in several cases dealing with waste management in the State of Karnataka in its letter and spirit.
iv) The Chief Secretary, State of Karnataka, Additional Chief Secretary to Government for Environment, Forests and Climate Change are directed to monitor the implementation of the directions by conducting periodical review meetings at least once in two (2) months and if there is any gap found in the implementation , then they are directed to provide solutions both technical and financial to fill up the gap and the directions are fully complied with and the unpolluted water is delivered the river to the neighbouring States from Kelavarapalli Reservoir.
v) The Chief Secretary to Government, State of Tamil Nadu, the Additional Chief Secretary to Government for Environment, Forests and Climate Change, Additional Chief Secretary for Municipal Administration and Water Supply Department, Director for Rural Development and Panchayat Raj of State of Tamil Nadu are directed to monitor the implementation of the directions by the respective stake holders to protect the Thenpennai river free from pollution, so as to provide clean 24 water to the people residing by the side of the river.
vi) The Registry is directed to communicate this order to the Chairman-Tamil Nadu Pollution Control Board and Karnataka State Pollution Control Board, District Collector-
Krishnagiri District, Bangalore Water Supply and Sewerage Board, Bruhat Bengaluru Mahanagara Palike, the Additional Chief Secretary to Government for Environment, Forests and Climate Change, Additional Chief Secretary for Municipal Administration and Water Supply Department, Director for Rural Development and Panchayat Raj of State of Tamil Nadu and also to the Chief Secretary to Government, State of Tamil Nadu for their information and compliance of direction.
12. With the above observations and directions, the Original Application is finally disposed off.
SD/-
........................................J.M. (Justice K. Ramakrishnan) Sd/-
......................................E.M. (Dr. Satyagopal Korlapati) O. A. No. 111/2020(SZ) 13.07.2022. Sr. 25